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Every year on July 18, the globe commemorates Nelson Mandela International Day—a global reminder not only to recognize a towering icon of justice and healing, but also to take meaningful action inspired by his life and values. Mandela’s legacy extends beyond politics and history; it is founded on the timeless values of justice, equality, and the transformational force of law.
This article seeks to explore Nelson Mandela’s journey as a lawyer and legal activist, highlighting how his legal philosophy shaped the struggle against apartheid and continues to provide powerful guidance for today’s legal professionals, policymakers, and justice advocates. Through a legal lens, we consider what it genuinely means to live the Mandela way in our quest for a more just society.
Before he became a global peace symbol, Nelson Mandela was a young law student with a passion for justice. He studied law at the University of Fort Hare and the University of Witwatersrand before co-founding Mandela & Tambo, South Africa’s first Black legal firm, in Johannesburg.
In an era when Black South Africans had few legal options, Mandela saw the law as both a weapon used against his people and a possible tool for liberation. He and his partner Oliver Tambo provided free or low-cost legal services to people whose voices had been muted by the apartheid state. This legal action paved the way for a life dedicated to challenging systemic injustice.
During apartheid, South Africa’s legal system imposed racial segregation and inequality through legislation such as the Pass Laws and the Bantu Education Act. Mandela famously declared that “an unjust law is no law at all,” using his 1964 Rivonia Trial speech to attack the moral legitimacy of apartheid laws. He boldly claimed that moral justice must take precedence over legal formalism, revealing the legal system’s underlying injustices.
Mandela emerged from prison after 27 years, seeking reconciliation rather than revenge. His presidency was defined by the pursuit of restorative justice, as demonstrated by the Truth and Reconciliation Commission (TRC). Rather than perpetuating cycles of vengeance, the TRC aimed to heal the nation by revealing the truth and encouraging forgiveness.
This approach reflects Mandela’s idea that law should be a tool for healing, not punishment. He recognized that enduring peace necessitates tackling the core causes of conflict—poverty, injustice, and exclusion—and that justice must benefit society as a whole.
Mandela’s legal thinking is still remarkably relevant. Across the globe, disadvantaged populations continue to face inequitable access to justice, racial profiling, and systemic discrimination. Mandela reminds us that the law should serve the people, not the power.
Mandela’s approach, whether in the context of racial police in the United States, refugee rights in Europe, or indigenous land claims in Latin America, argues for a transformative justice model that tries to repair historical and structural disparities in addition to addressing legal injustices.
He also advocated for constitutional democracy, contributing to the drafting of South Africa’s post-apartheid constitution, which is today recognized as one of the most progressive in the world. This emphasizes the duty of lawyers, judges, and legislators as defenders of human dignity and liberty.
To “Live the Mandela Way” is more than just honoring his legacy; it is about continuing his work. For individuals in the legal profession, Mandela serves as an example of ethical, brave, and people-centered lawyering. Whether you’re a practicing attorney, law student, or legal activist, think about how you can:
Advocate for the marginalized: Pro bono labor, legal aid, and community lawyering are all means to provide justice to those who cannot afford it.
Challenge unfair systems: Call out laws and policies that perpetuate inequality.
Educate and empower: Promote legal literacy to help communities understand and exercise their rights.
Maintain integrity: Like Mandela, be unwavering in your ethical principles, even when it’s uncomfortable.
For Mandela, justice was not about perfection; it was about trying to do what is right, no matter what the cost.
Nelson Mandela once stated,
“What counts in life is not the mere fact that we have lived. It is what difference we have made to the lives of others that will determine the significance of the life we lead.”
This Mandela Day, let us go beyond symbolic tributes and commit to meaningful action by promoting justice, dignity, and equality in all aspects of life. Adv. Abdul Mulla continues Mandela’s legacy by promoting legal awareness, ethical advocacy, and access to justice through www.asmlegalservices and www.lifeandlaw.in He believes that the law is more than just a career; it is a tool for creating significant change.
Adv. Abdul Mulla (Mob. No. 937 007 2022) is a seasoned legal professional with over 18 years of experience in advocacy, specializing in diverse areas of law, including Real Estate and Property Law, Matrimonial and Divorce Matters, Litigation and Dispute Resolution, and Will and Succession Planning. read more….
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